Gauri Babasaheb Langote Alias Gauri Arpan Shinde v. State Of Maharashtra And ANR

(903)-WP-2220-23.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2023.09.01 11:59:15 +0530 BALAJI GOVINDRAO PANCHAL CRIMINAL WRIT PETITION NO.2220 OF 2023 Ms. Gauri Babasaheb Langote alias Gauri Arpan Shinde ..Petitioner

Versus

The State of Maharashtra & Anr.

..Respondents Mr. Shivraj Kunchge i/by Yashavant D. Nerurkar, for the Petitioner. Mr. S. V. Gavand, APP for the Respondent No.1/State. Mr. Mahindra Pandey a/w Ajitsingh Ghorpade, Anil Wagh & Aayushi Chauhan, for the Respondent No.2.

CORAM : NITIN W. SAMBRE & RAJESH S. PATIL, JJ.

DATE : 1st SEPTEMBER, 2023 P.C.

1.

The respondent No.2/complainant got married with one Ashish Yogesh More on 28th April, 2018. Alleging demand of dowry and ill-treatment, a complaint came to be lodged on 14th October, 2019, which has resulted into registration of offence being Crime No.225 of 2019 registered with Mhasrul Police Station for the offence punishable under Sections 498A, 323, 504 & 506 of IPC. The petitioner herein, a co-accused in the aforesaid crime has approached this Court with a prayer for quashing. On merit the contentions are, the petitioner has nothing to do with the alleged matrimonial discord between the respondent No.2/complainant, her in-laws and husband.

BGP.

(903)-WP-2220-23.doc.

2.

The respondent No.2/complainant is physically present in the Court. The respondent No.2/complainant has placed on record an affidavit before this Court duly sworn by her stating that since the petitioner has assured that she shall never be contacting respondent No.2/complainant and her family and shall not be causing interference in the matter, the respondent No.2/ complainant is extending consent for quashing. 3.

So as to confirm the contents of the affidavit and as to whether the consent is extended by respondent No.2/complainant out of her own free will, we requested learned APP, Mr. S. V. Gavand to interact with the respondent No.2/complainant. The respondent No.2/complainant has stated in her affidavit that she has sworn an affidavit for extending consent for quashing of criminal proceedings out of her own free will. The respondent No.2/complainant is identified by not only her lawyer but also from her Aadhaar Card. 4.

In view of above, the petition stands allowed in terms of prayer clause (a).

5.

The petition as such stands disposed of.

[RAJESH S. PATIL, J.] [NITIN W. SAMBRE, J.] BGP.